When Should a Massachusetts Power of Attorney Be Created?

A Massachusetts power of attorney should be created as soon as possible if you do not already have a power of attorney in place. A power of attorney is an important part of your incapacity plan. Because life is uncertain and you never know when something could happen to you, it is always a good idea to make sure you’ve planned ahead for incapacity.

The Law Offices of James A. Miller, P.C. can provide you with the help you need creating a comprehensive incapacity plan, including a Massachusetts power of attorney. We will work with you to determine if you need a power of attorney and to identify the legal tools that will work for you to protect you, your family, and your property in case of incapacity. To find out more about the ways in which we can assist you, give us a call today.

Why Do You Need to Create a Massachusetts Power of Attorney Right Away?

You do not want to wait on creating a power of attorney (POA) because you never know when you could suffer an unexpected illness or injury. If you become temporarily or permanently incapacitated due to any accident or medical condition, you and your family will be left in a bad situation unless you have a Massachusetts power of attorney. In fact, you should not only have a POA but should also have other essential components of an incapacity plan, like advanced directive to express healthcare preferences in the event of an emergency situation.

If you don’t have a power of attorney and you become unable to make or communicate decisions due to illness and injury, your family will need to go to court to have you declared incapacitated. A guardian or conservator will be named to manage your assets, only after the court has determined you cannot act on your own. The guardianship proceedings can be stressful and costly for your family. The person appointed to make decisions and manage affairs on your behalf could also end up being someone you would not have chosen to act for you, had you been able to make the choice.

Creating a power of attorney lets you make this choice in advance. The person you name as your attorney in fact or as your agent can be someone who you can count on to respect your wishes and make choices you would approve of. You maintain a degree of autonomy because you have control over who your agent is. Your agent can also get authority to act right away, which means that you will be able to provide the best protection for your assets- there will be no period of delayed management or mismanagement which can occur if your family has to go to court and initiate guardianship proceedings.

Creating a Massachusetts Power of Attorney

When creating a Massachusetts power of attorney as a part of an incapacity plan, it is important to follow the formalities for creating your POA. In particular, you must indicate that the grant of authority you are extending to your agent will remain in effect in case of incapacity. To do this, your power of attorney has to be durable.

Massachusetts Article V Section 5-501 explains that a power of attorney is durable if it includes specific phrases or similar words showing your intent to make it durable. The phrases listed in the code section which you can use to make it clear that your power of attorney is durable include: “This power of attorney shall not be affected by subsequent disability or incapacity of the principal, or lapse of time,” or ”This power of attorney shall become effective upon the disability or incapacity of the principal.’

If you do not make your power of attorney durable by including these words or a similar phrase, your grant of authority will end at incapacity, which is exactly when you need your agent to be able to act on your behalf.

Getting Help with a Massachusetts Power of Attorney Lawyer

When it comes to creating a Massachusetts power of attorney and a complete incapacity plan, you need to get legal help from a knowledgeable professional. Your assets, your security, and your family’s peace-of-mind are simply too important to leave up to chance.

The Law Offices of James A. Miller, P.C. can provide the help you need throughout the process of making your plan and making Massachusetts legal tools work for you. To find out more give us a call at 866-370-3888 or contact us online to speak with a member of our legal team to find out more about the ways in which we can help you.

Attorney Miller has been providing quality Nursing Home Planning and Estate Planning services to clients since 1994. These services have reached thousands of people concerned about protecting their families from the devastating legal effects of disability and death.

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